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(영문) 대구지방법원 상주지원 2017.08.22 2017고단358
도로법위반
Text

The defendant shall be innocent.

Reasons

The facts charged of the instant case (as amended by Act No. 4545, Mar. 10, 1993; as amended by Act No. 4920, Jan. 5, 1995; hereinafter referred to as "the Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 2011; hereinafter referred to as "the Constitutional Court Decision 2011Hun-Ga, Dec. 24, 201; hereinafter referred to as "the representative, employee or other worker of a corporation" in Article 83 (1) 3 of the former Road Act in Article 86 of the said Act shall also be punished by a fine, if he/she commits a violation under Article 83 (1) 3 in connection with the business of the corporation.

“The portion of the above facts charged is unconstitutional and thus the penal provision on the above facts charged becomes retroactively null and void. It is not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act as it does not constitute a crime.

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